Role of Courts

Last updated on Apr 8, 2022

The Courts play a very important role during the adoption procedure. Given below are some of the important roles played by the Court:

 

Adoption Order (Non-Religious Law)1 

Under the non-religious law on adoption,2 the Court receives the application from the SAA (Specialized Adoption Agency) with the relevant documents of the child so that the Court can assess whether an adoption order can be granted. The application would include:

  • Details of the SAA and co-applicants (if there are any) like Child Care Institutions
  • Details of the prospective adoptive parent(s) such as name, child adoption resource information and guidance system registration number
  • Details of the child that is going to be adopted
  • The fact that the child has been declared legally free for adoption
  • The fact that the adoptive parents have signed a Pre-adoption foster care affidavit allowing social workers of the SAA, DCPU (District Child Protection Unit) to make home visits
  • Copy of the decision of the Adoption Committee 

Read a format of the application here to understand what other details are included in the application. By passing this adoption order, the Court would be granting permission to the parents to be the adoptive parents of the child. Before passing the adoption order, the Court has a duty to keep in mind:3 

  • That the adoption is for the welfare of the child
  • That the wishes of the child are taken into consideration, based on age and understanding of the situation
  • That the adoptive parents have not agreed to or received any payment or reward for the adoption
  • That the adoption proceedings in Court  should be in – camera proceedings.

 

Permission to Adopt (Hindu Law)

Under the Hindu law on adoption,4 the guardian requires the Court’s permission to adopt a child, or give him up for adoption, in the following cases:5 

  • where both the father and mother are dead; 
  • where both the father and mother have completely and finally renounced the world; 
  • where both the father and mother have abandoned the child; 
  • where both the father and mother have been declared to be of unsound mind by the court concerned; 
  • where the parentage of the child is not known. 

 

Appeal (Non-Religious Law and Hindu Law)

Under the non-religious law on adoption, if you are not satisfied by the orders given by the relevant authorities while adopting a child or if you adoption application has been rejected, you may appeal to the Children’s Court, within 30 days of the relevant order.6 However, even if more than 30 days have passed, you can attempt to appeal, and it will be entertained if the Court believes you have sufficient reason for not being able to appeal within the stipulated 30 days. If you are not satisfied with the order given by the Court, you may file an appeal to the High Court of your state.7 

  1. Sections 12 and 17, Juvenile Justice (Care and Protection of Children) Act, 2015.[]
  2. Juvenile Justice (Care and Protection of Children) Act, 2015.[]
  3. Section 61, Juvenile Justice (Care and Protection of Children) Act, 2015.[]
  4. Hindu Adoption and Maintenance Act, 1956.[]
  5. Section 9(4), Hindu Adoption and Maintenance Act, 1956.[]
  6. Section 101(1), Juvenile Justice (Care and Protection of Children) Act, 2015.[]
  7. Section 101(5), Juvenile Justice (Care and Protection of Children) Act, 2015.[]

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

Who can Adopt?

Under the non-religious law on adoption, you must meet certain conditions to be considered as a prospective adoptive parent.

What is Adoption?

Adoption is the process through which a prospective adoptive parent lawfully assumes the responsibility of a child.

Procedure for Adoption by Relative (Non-Religious Law)

As a relative of a child, following the non-religious law to adopt, you can adopt both within India and also do inter-country adoptions.

Effects of Adoption

There are certain effects of adoption which arise with respect to property rights and familial connections.

Children Legally Free for Adoption

Declaring a child legally free for adoption allows such children to be put up for adoption under the non-religious law.

Procedure for Adoption by Resident Indians (Non-Religious Law)

As a resident Indian, you may opt for adoption within India. Your application for adoption will go through various stages.